Ideas,spaces and ‘sovereigntyscapes’: Dramatising Scotland's production of a new institutional fix

Abstract

As part of a general endeavour to ‘modernise’ Britain for the epoch of globalisation, Britain's New Labour government has sought to integrate wide‐ranging constitutional reform with new structures for regional governance. Perhaps the most radical proposal concerns the attempt to align continued UK sovereignty with an elected parliament for Scotland in what has been called a ‘new covenant with the people’. This paper draws on Jane Jenson's neo‐Gramscian discourse‐regulation theory and its stress on social agency and the politics of representation, to explore the political, economic and socio‐spatial tensions and the related ideas, discursive forms and political processes that have given rise to this emergent institutional and representational ‘fix’. The author argues that rather than being perceived of solely as some ‘modernisation move’ on the part of a New Labour project, this reconfiguration of power and representation also needs to be traced to the political and representational style of Thatcherism, in particular, the latter's continuous ‘testing’ of the 1707 Treaty between Scotland and England as a negotiated settlement of economic and political union. The paper concludes with some reflections on the future prospects facing any future Scotland‐UK institutional settlement, including the question of sovereignty.     

Regulating to ensure patient safety in hospitals: towards a comprehensive framework

This article critically examines the successes and failures of the current internal and external regulatory regimes for ensuring the delivery of patient safety in public hospitals. It argues that governments should develop a holistic approach to regulation through the enhancement of existing compliance mechanisms in conjunction with some formal regulation to ensure that public hospital systems-deliver high standards of service with minimal patient harm. It recommends that a Patient Safety Authority be established in order to assist with the monitoring of incidents and the enforcement of compliance with patient safety standards.     

Contents of Volume 21 (2002)

Volume Contents

Contents of Volume 21 (2002)     

Rural Identity in the Twenty‐first Century: A Community of Crofters or Crofting Communities?

Crofting has been subjected to a specific regulatory regime in Scots law since the introduction of the Crofters' Holdings (Scotland) Act in 1886. The Act, introduced in response to the devastation caused by the Highland clearances, provided for security of tenure and associated rights and now provides for full ownership on both individual and collective bases. Consequently, the legal framework incorporates two distinct forms of crofting identity: one based on the crofting function and the other on a broader, place‐based definition incorporating all who live within crofting communities. Used as a basis for policymaking, each definition gives rise to different outcomes. In this paper, we use empirical research to show how such distinctions are manifested in specific conflicts of interest within contemporary crofting communities. This analysis is intended to inform the current debate surrounding the future of crofting as well as to contribute to the wider literature on the use of identity in the process of resource allocation.     

Equality and family values: conflict or harmony?

Abstract

This paper provides a critical commentary on the claim advanced by Harry Brighouse and Adam Swift in their book Family Values: The Ethics of Parent–Child Relationships that there is an ineliminable conflict between relationship goods and fair equality of opportunity. I argue there need be no conflict between family values and equality of opportunity in a suitably non-hierarchical society. I also argue that the idea that equality of opportunity might be served by abolishing the family is mistaken. Egalitarian justice does not provide an obstacle to the realization of family values.     

Introduction

Law and Philosophy -     

Liberal Neutrality Or Liberal Tolerance?

This paper explores tensions in Ronald Dworkin's liberal theory (and liberalism more generally) about the appropriate relationship of the state to the different conceptions of the good that may be adopted by its citizens. Liberal theory generally supposes that the state must exhibit a kind of impartiality to different conceptions of the good. This impartiality is often thought to be captured by an anti-perfectionist ideal of liberal neutrality. But neutrality is often criticized as an ideal that lacks adequate theoretical support and is difficult to reconcile with liberalism's commitment to government support of various elements of a community's culture. Nonetheless, Dworkin has tried to explain systematically how his egalitarian brand of liberalism can explain the appropriateness of a particular variety of neutrality. I argue, however, that Dworkin's account of the relationship between liberalism and the good is ambiguous. I suggest that an ideal of tolerance which embraces a mild form of perfectionism fits better with the egalitarian foundations of Dworkin's liberalism than neutrality. Moreover, tolerance is an ideal through which familiar tensions about the liberal state's relationship to the good may be resolved.